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[Redacted], Jesse R., 1 Complainant, v. Pete Buttigieg, Secretary, Department of Transportation (Federal Highway Administration), Agency.

Appeal No. 2021003184 (E.E.O.C. Mar. 21, 2022)
[Redacted], Jesse R., 1 Complainant, v. Pete Buttigieg, Secretary, Department of Transportation (Federal Highway Administration), Agency.

18 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,687 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,173 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,093 times   96 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  4. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,372 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  5. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 20,165 times   9 Legal Analyses
    Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

  6. Bostock v. Clayton County

    140 S. Ct. 1731 (2020)   Cited 1,021 times   112 Legal Analyses
    Holding that "[a]n employer who fires an individual merely for being gay or transgender defies [Title VII]"

  7. U.S. Postal Service Bd. of Govs. v. Aikens

    460 U.S. 711 (1983)   Cited 2,417 times   5 Legal Analyses
    Holding that because "[t]here will seldom be `eyewitness' testimony to the employer's mental process," evidence of the employer's discriminatory attitude in general is relevant and admissible to prove discrimination

  8. Furnco Construction Corp. v. Waters

    438 U.S. 567 (1978)   Cited 2,176 times   4 Legal Analyses
    Holding that a district court was "entitled to consider the racial mix of the work force when trying to make the determination as to motivation" in the employment discrimination context

  9. Flowers v. Southern Regional Physician Serv

    247 F.3d 229 (5th Cir. 2001)   Cited 390 times   1 Legal Analyses
    Holding that there is evidence of disability-based harassment when a supervisor hovers around an employee's work area, eavesdrops on her conversations, and intercepts her phone calls

  10. Fox v. General Motors Corp.

    247 F.3d 169 (4th Cir. 2001)   Cited 363 times   1 Legal Analyses
    Holding that a plaintiff presented evidence of "objectively severe and pervasive workplace harassment" under the ADA where the plaintiff had offered "a good deal of evidence that [his] supervisors ... in vulgar and profane language, constantly berated and harassed him and the other" workers with disabilities and that this harassment "occurred at least weekly"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,380 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,355 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  13. Section 791 - Employment of individuals with disabilities

    29 U.S.C. § 791   Cited 2,299 times   6 Legal Analyses
    Adopting standards for ADA claims under § 501 of the Rehabilitation Act, including 42 U.S.C. § 12112, which forbids discrimination "against a qualified individual with a disability because of the disability . . ."

  14. Section 1614.604 - Filing and computation of time

    29 C.F.R. § 1614.604   Cited 139 times   1 Legal Analyses
    Providing the time limits applicable to the subject regulations "are subject to waiver, estoppel and equitable tolling"

  15. Section 1614.109 - Hearings

    29 C.F.R. § 1614.109   Cited 133 times   2 Legal Analyses
    Governing administrative hearings

  16. Section 1614.405 - Decisions on appeals

    29 C.F.R. § 1614.405   Cited 83 times   3 Legal Analyses
    Providing that " decision [of the EEOC in an administrative appeal] is final . . . unless . . . [e]ither party files a timely request for reconsideration"

  17. Section 1614.403 - How to appeal

    29 C.F.R. § 1614.403   Cited 34 times
    Indicating that failure to file timely appeal requires dismissal by EEOC